Matter of Wall
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE ' PETITION OF PARRIS WALL ' FOR A WRIT OF CORAM NOBIS. ' No. 405, 2001 Submitted: September 19, 2001 Decided: October 12, 2001 ORDER This 12th day of October 2001, it appears to the Court that: (1) On August 24, 2001, the Clerk issued a notice to the petitioner, Parris Wall, to show cause why this petition should not be dismissed for this Court=s lack of jurisdiction to issue a writ of coram nobis.1 By letter dated September 4, 2001, the Clerk granted Wall an extension of time until September 18, 2001, to file a response to the notice to show cause. (2) On September 20, 2001, Wall filed a document entitled AMotion for Writ of Mandamus.@ By letter dated September 24, 2001, Wall clarified that he intended the AMotion for Writ of Mandamus@ to serve as a new petition 1 The writ of error coram nobis is not one of the extraordinary writs within the original jurisdiction of this Court. See Del. Const. art. IV, ' 11(6); See also In re Nicholson, Del. Supr., No. 4, 1994, Walsh, J., 1994 WL 35367 (Jan. 31, 1994) (ORDER) (determining that Delaware has abolished the writ of error coram nobis). 1 for extraordinary relief and not as a response to the notice to show cause that issued on August 24, 2001, in this case.2 (3) Wall has not filed a response to the notice to show cause that issued on August 24, 2001. Accordingly, dismissal of Wall=s petition for writ of coram nobis is deemed to be unopposed.3 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 29(b), that the petition for writ of coram nobis is DISMISSED. BY THE COURT: /s/ Myron T. Steele_____________________ Justice 2 Wall=s AMotion for Writ of Mandamus@ is proceeding under Supreme Court case No. 478, 2001. The State=s response to the petition is due to be filed by October 17, 2001. 3 Supr. Ct. R. 3(b)(2), 29(b). 2
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